TERMS OF SERVICE

OVERVIEW

This website is operated by Fresh Products, LLC. Throughout the site, the terms we, us, and our refer to Fresh Products LLC. Fresh Products LLC offers this website, including all information, tools, and services available from this site, to you, the user, conditioned on your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service, including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

Any new features or tools added to the site are also subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting changes to our website. Your continued use of the site following any posted changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow a minor dependent to use this site.

You may not use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction, including copyright laws. You must not transmit any worms, viruses, or destructive code. A breach of these Terms will result in immediate termination of your access to the Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

Your content, excluding credit card information, may be transferred unencrypted and involve transmission over various networks, and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or outdated. Material on this site is provided for general information only and should not be relied on as the sole basis for decisions. Any reliance on this material is at your own risk. This site may contain historical information, which is provided for reference only; we have no obligation to update it.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service at any time without notice, and we are not liable to you or any third party for any such modification, price change, suspension, or discontinuance.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online and may have limited quantities, subject to our Return Policy. We’ve made every effort to display product colors and images accurately, but cannot guarantee your monitor’s display will be accurate.

We reserve the right to limit sales of our products to any person, region, or jurisdiction, and to limit quantities offered. Product descriptions and pricing are subject to change at any time. We do not warrant that products, services, or information will meet your expectations, or that errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order, and to limit or cancel quantities purchased per person, household, or order, including orders that appear to be placed by dealers, resellers, or distributors outside authorized channels. You agree to provide current, complete, and accurate account and purchase information, and to keep it updated.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools we neither monitor nor control. Such tools are provided as is and as available, without warranties of any kind, and we have no liability arising from your use of them. Any new tools or features we offer in the future are also subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

Certain content and services on our site may include materials from, or link to, third parties. We are not responsible for examining or evaluating third-party content, accuracy, products, or services, and we are not liable for any harm related to your use of third-party sites. Review third-party policies carefully before engaging in any transaction with them.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us comments, suggestions, or other submissions, you agree that we may edit, copy, publish, distribute, translate, and otherwise use them in any medium without obligation to maintain confidentiality, provide compensation, or respond.

You agree your comments will not violate any third party’s rights, contain unlawful or obscene material, or include malware. You are solely responsible for your comments and their accuracy.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy. If you have opted in to SMS communications, that consent is additionally governed by our [SMS Terms and Conditions].

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Our site may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, or availability. We reserve the right to correct these and to update or cancel orders affected by inaccurate information, without prior notice.

SECTION 12 – PROHIBITED USES

You are prohibited from using the site for any unlawful purpose, to violate regulations or intellectual property rights, to harass or discriminate against others, to submit false information, to transmit malicious code, to collect others’ personal information without consent, to spam or scrape the site, or to interfere with the site’s security features.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee the Service will be uninterrupted, timely, secure, or error-free, or that results from its use will be accurate or reliable. The Service is provided as is and as available, without warranties of any kind.

Fresh Products LLC, and our directors, officers, employees, affiliates, and suppliers, are not liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service, to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify and hold harmless Fresh Products LLC and our affiliates, officers, directors, agents, and employees from any claim, including reasonable attorneys’ fees, arising from your breach of these Terms or violation of any law or third-party right.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found unlawful or unenforceable, that provision will be severed, and the remaining provisions will remain in full effect.

SECTION 16 – TERMINATION

These Terms remain effective until terminated by you or us. We may terminate this agreement at any time without notice if we believe you have failed to comply with any provision, and you will remain liable for all amounts due up to the date of termination.

SECTION 17 – ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not waive that right. These Terms, along with any referenced policies, constitute the entire agreement between you and us regarding use of the Service, superseding any prior agreements.

SECTION 18 – GOVERNING LAW

These Terms and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of the State of Ohio, United States.

SECTION 19 – CHANGES TO TERMS OF SERVICE

We may update these Terms at our discretion by posting changes to our website. It is your responsibility to check periodically for updates. Continued use of the site after changes are posted constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about these Terms should be sent to marketing@freshproducts.com